Industrial Pretreatment Program

Department of Utilities | Water Pollution Control

Industrial Pretreatment Program

The Industrial Pretreatment Program (IPP) regulates non-domestic wastewater discharges to the Newport Water Pollution Control Facility to protect treatment operations, worker safety, Narragansett Bay water quality, biosolids quality, and public infrastructure. All food service establishments, vehicle maintenance facilities, commercial laundries, laboratories, and any facility discharging process wastewater or regulated pollutants must comply. The program is administered by the City of Newport Department of Utilities under Clean Water Act Section 307 and 40 CFR Part 403.

Program Overview

The City of Newport Department of Utilities administers the Industrial Pretreatment Program (IPP) for the Newport Water Pollution Control Facility. The program controls non-domestic wastewater discharged to the public sewer system to protect treatment plant operations, worker safety, Narragansett Bay water quality, biosolids quality, and public infrastructure.

The Director of Utilities serves as the Control Authority under Section 307 of the Clean Water Act and 40 CFR Part 403. The Rhode Island Department of Environmental Management (RIDEM) Office of Water Resources serves as the Approval Authority and provides federal oversight. The program operates under RIPDES Permit No. RI0100293.

Program administration, permitting, inspections, and compliance monitoring are conducted by City staff and by Veolia Water Services Newport LLC (Veolia North America) under the City’s wastewater operations service agreement. Regulatory authority, permit issuance, and enforcement decisions rest with the City.

Legal Authority

The City’s authority to administer and enforce the IPP is established under:

Chapter 13.08 — Sewer Service System. Governs connection permits, collection system protection, private lateral requirements, inflow and infiltration control, sanitary sewer overflow reporting, capacity allocation, and enforcement. Section 13.08.016 establishes applicability to all users, including those in contributing jurisdictions.
Chapter 13.10 — Industrial Pretreatment. Establishes pretreatment standards, local limits, wastewater discharge permitting, monitoring and reporting, administrative and judicial enforcement, affirmative defenses, and cost recovery.
Enforcement Response Plan. Adopted by reference under Section 13.08.172 and approved by RIDEM. Governs the City’s response to violations.

Who Must Comply

Any non-domestic user that discharges, directly or indirectly, to the Newport Water Pollution Control Facility is subject to the IPP. This includes users located in contributing jurisdictions whose wastewater is conveyed to the Newport system under intermunicipal agreement.

Jurisdictional coverage:

City of Newport
Town of Middletown (users connected to the Newport sewer system)
Naval Station Newport (under intermunicipal agreement)
Naval Undersea Warfare Center (NUWC) (under intermunicipal agreement; classification under review, see Program Status)
Licensed septage and industrial waste haulers discharging at designated locations

Typical regulated users:

Food service establishments (restaurants, cafeterias, supermarkets, institutional kitchens)
Vehicle and boat maintenance facilities
Dry cleaners and commercial laundries
Laboratories, medical and dental facilities
Food and beverage production operations
Photo processing and printing facilities
Any facility discharging process wastewater, regulated pollutants, or high-strength waste

How the Program Works

The sections below describe the core components of the IPP. Detailed requirements are in Chapter 13.10 of the Newport Code of Ordinances.

All non-domestic users are evaluated against the criteria in 40 CFR 403.3(v)(1). A user is classified as a Significant Industrial User (SIU) if it meets any of the following:

It is subject to federal categorical pretreatment standards under 40 CFR Subchapter N.
It discharges 25,000 gallons per day or more of process wastewater (excluding sanitary, non-contact cooling, and boiler blowdown).
It contributes 5 percent or more of the treatment plant’s average dry-weather hydraulic or organic capacity.
It is designated by the Control Authority based on reasonable potential for adverse impact.

Non-significant users may still be subject to discharge permits, monitoring, and local limits based on the nature of the discharge.

Two distinct permit types apply:

Construction permits under Chapter 13.08 authorize physical connection to the public sewer. Required for all building sewer connections and modifications.
Wastewater discharge permits under Chapter 13.10 authorize ongoing discharge. Required for all Significant Industrial Users and other users designated by the Director.

Discharge permits are issued for a term not to exceed five years and contain effluent limits, monitoring and reporting requirements, slug control requirements, and applicable best management practices. New or changed discharges require at least 45 days advance notice to the Director.

Food service establishments must also submit a Grease and Solids Interceptor Permit Application. See the Grease and Solids Interceptor accordion below.

Most food service establishments are required to install automatic grease recovery devices (GRDs) and maintain a current Grease and Solids Interceptor Permit. GRDs capture fats, oils, and grease before they enter the public sewer, preventing blockages and sanitary sewer overflows.

Key requirements:

GRDs must be automatic electrical or mechanical units, sized per manufacturer specification.
GRD influent water temperature must not exceed 150°F to maintain unit performance. (Separate from the discharge limit in Ch. 13.10.040(B)(5), which prohibits discharge to the sewer at temperatures greater than 104°F.)
A sampling valve must be installed on the discharge piping with a minimum eight-inch clearance for IPP sampling access.
Dishwasher wastewater may be routed to the GRD only from pre-rinse stations. All other dishwasher wastewater must bypass the GRD.
Food waste disposers are not permitted to discharge to a GRD.
All GRD connections must include a backflow preventer conforming to applicable plumbing code.

Installation and inspection:

Submit a completed Grease and Solids Interceptor Permit Application with two sets of plumbing plans to the IPP Coordinator.
Notify the IPP Coordinator at least 24 hours before installation.
An IPP inspector will conduct an on-site inspection to verify the installation.
The permit is issued after final inspection.

Grease Trap Cleaning Log: Permitted facilities must maintain a Grease Trap Cleaning Log on site, documenting the date of each cleaning, quantity of grease removed, signature of the service provider, and signature of the manager on duty. Grease collected must be disposed of by a licensed rendering or grease disposal service. Logs must be available to IPP inspectors on request.

Applicants who believe their establishment qualifies for an exception to the GRD requirement should contact the IPP Coordinator before submitting the application.

Permitted users are required to:

Conduct self-monitoring at the frequency specified in the permit. Significant Industrial Users self-monitor at minimum semi-annually.
Sample at approved locations using methods consistent with 40 CFR Part 136.
Submit periodic compliance reports signed by an authorized representative with the data accuracy certification required by 40 CFR 403.6(a)(2)(ii).
Immediately notify the Director of any slug discharge, upset, bypass, or violation.
Maintain records for a minimum of three years.
Develop, implement, and annually update a slug discharge control plan as required by permit.

The City conducts independent compliance sampling, facility inspections, and records reviews. Where direct flow measurement is infeasible, the Director may authorize estimated flow methodologies documented in the permit administrative record. The Director may also require electronic reporting consistent with the National Pretreatment Program Electronic Reporting Rule at 40 CFR 403.12(b).

For plant-side discharge monitoring and performance data, see the Wastewater Quality and Performance page.

Local limits are established under Chapter 13.10.040(D) based on a technically-based local limits evaluation conducted under 40 CFR 403.5(c). Limits protect against interference, pass through, worker exposure, and biosolids contamination.

Enforceable Upper Limits. Compliance with the Upper Limit is mandatory. Exceedance is a violation subject to enforcement regardless of any surcharge payment.

Surcharges. Surcharges apply only to conventional pollutants (BOD and TSS) above the domestic-strength baseline (BOD 250 mg/L, TSS 250 mg/L). Surcharges are a cost recovery mechanism and do not authorize discharge above any enforceable limit.

Dilution. Dilution is not allowed as a means of meeting any discharge limit.

Concentration values are in milligrams per liter (mg/L) unless otherwise noted. Limits apply at the point of discharge to the treatment facility. All metals are total metals unless otherwise indicated.

Parameter	Surcharge Threshold (mg/L)	Enforceable Upper Limit
Cadmium	—	0.040 mg/L
Chromium	—	1.710 mg/L
Copper	—	1.000 mg/L
Lead	—	0.100 mg/L
Silver	—	0.240 mg/L
Zinc	—	1.200 mg/L
Nickel	—	2.000 mg/L
Cyanide	—	0.650 mg/L
Mercury	—	0.060 mg/L
Arsenic	—	0.120 mg/L
Total Toxic Organics (TTO)	—	2.130 mg/L
BOD	300 mg/L	200 lbs/day (mass)
TSS	300 mg/L	1,000 mg/L
TPH (Total Petroleum Hydrocarbons)	—	Under reevaluation at next RIPDES renewal
Gold	—	3.0 mg/L
Iron	—	15.0 mg/L
Total recoverable metals not otherwise listed	—	2.0 mg/L
Sulfides (S)	—	100.0 mg/L
Sulfates (SO4)	—	500.0 mg/L
Fluoride	—	5.0 mg/L
Phenols	—	1.0 mg/L
Total Oil and Grease	—	100.0 mg/L

Current limits as of Chapter 13.10.040(D). Limits are reevaluated at least every five years and during each RIPDES permit renewal.

The IPP operates under a schedule of application fees, annual permit fees, monitoring fees, and BOD/TSS surcharges established effective June 23, 2010. Fees are charged to users based on their classification category and the monitoring and analyses required for compliance oversight.

Fee categories (summary):

Category 1: Users requiring pretreatment
Category 2: Users with some toxic discharge requiring minimal or no pretreatment
Category 3: Users with nontoxic discharges in addition to sanitary waste flows
Category 4: Users utilizing toxic pollutants but not discharging to the WPCF
Category 5: Users discharging sanitary waste flows only
Category 6 (R1-R5): Food service establishments, tiered by seating capacity
Category 7: Waste hauled into the Newport WPCF

For the complete fee schedule including specific dollar amounts for application fees, annual permit fees, monitoring fees, and BOD/TSS surcharges, see the Rates and Charges page.

Enforcement is undertaken consistent with the City’s Enforcement Response Plan. Available responses include:

Response Level	Actions
Informal	Notice of violation; required corrective action plan
Administrative	Compliance order, consent order, cease and desist order, administrative penalty, cost recovery
Formal Administrative	Show cause hearing before the Administrative Hearing Officer, emergency suspension, permit modification or revocation
Judicial	Injunctive relief, civil penalties, criminal prosecution

Administrative appeals are heard by an independent Administrative Hearing Officer appointed by the City Manager under Section 13.08.180. Remedies are cumulative. Affirmative defenses for upset, bypass, and prohibited discharge standards are available under Section 13.10.150 when the conditions of those sections are met.

Users in Significant Noncompliance during the previous calendar year are published annually consistent with 40 CFR 403.8(f)(2)(viii).

Wastewater from portions of the Town of Middletown and from Naval Station Newport and the Naval Undersea Warfare Center is conveyed to the Newport Water Pollution Control Facility. Under Section 13.08.016 and Section 13.10.070(H), contributing jurisdictions are required to:

Maintain a sewer use ordinance at least as stringent as the Newport Sewer Use Ordinance.
Submit an annual industrial user inventory to the City.
Transmit commercial and industrial building permit information to the Newport IPP Coordinator.
Provide the City access to users within their jurisdictional boundaries for inspection and sampling.
Coordinate on new connections, changed discharges, and enforcement actions.

Failure of a contributing jurisdiction to comply with these requirements may result in suspension of new connections, cost recovery, or other remedies authorized by intermunicipal agreement and applicable law.

RIDEM conducted a Pretreatment Compliance Inspection of the Newport IPP on December 16, 2025, and issued ten findings on February 10, 2026. The City submitted a full response to RIDEM on April 24, 2026, addressing all findings through ordinance amendments and program improvements.

Addressed through the PCI response:

Proposed Chapter 13.08 amendments establishing explicit legal authority over users in contributing jurisdictions.
Proposed Chapter 13.10 amendments adding the POTW definition, correcting the BMP definition, reinforcing data accuracy certification on all reports, and authorizing estimated flow methodologies where direct measurement is infeasible.
Proposed reclassification of Naval Undersea Warfare Center (NUWC) based on documented discharge volume below the 25,000 GPD SIU threshold. Pending RIDEM concurrence.
Formal correspondence to the Town of Middletown requesting Sewer Use Ordinance alignment and confirmation of annual user inventory submissions.
Sampling validation plan for Newport Craft, including a side-by-side sampling event in the June 2026 cycle.

Key upcoming milestones:

Milestone	Target
Middletown annual user inventory records audit report	May 25, 2026
City Solicitor review of proposed ordinance amendments	May 30, 2026
Council first reading of Chapter 13.08 and 13.10 amendments	June 24, 2026
Local public notice of substantial program modification	June 30, 2026
Council adoption of amendments	July 22, 2026
Comprehensive SIU slug control plan contact update	October 21, 2026
TPH local limit reevaluation	Next RIPDES permit renewal

The annual Pretreatment Report documenting program performance, compliance data, and enforcement is submitted to RIDEM each March.

Program Contacts

Industrial Pretreatment Program Coordinator
Veolia Water Services Newport LLC (Veolia North America), under contract to the City of Newport
250 JT Connell Highway, Newport, RI 02840
Phone: 401-845-2000

City of Newport Department of Utilities
70 Halsey Street, Newport, RI 02840
Phone: 401-845-5600
utilities.newportri.gov

Approval Authority
Rhode Island Department of Environmental Management, Office of Water Resources
235 Promenade Street, Providence, RI 02908
Phone: 401-222-4700

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